Branch v. McCormick's Estate
Oregon Supreme Court
From Multnomah.: Thomas J. Cleeton, Judge. Department 2. Statement by Mr. Justice Eakin. H. W. McCormick in his lifetime sold the timber on two sections of land in Washington to one Cain for $25,000, and took a note for that amount to he paid each month as the timber was removed during a period of seven years.
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From Multnomah.: Thomas J. Cleeton, Judge. Department 2. Statement by Mr. Justice Eakin. H. W. McCormick in his lifetime sold the timber on two sections of land in Washington to one Cain for $25,000, and took a note for that amount to he paid each month as the timber was removed during a period of seven years. McCormick afterward assigned his-contract with Cain and the said note for $25,000 to' Carmody, and in connection with the assignment guaranteed to Carmody, or his assigns, that there was a. certain quantity of timber on the land, and that Carmody would realize $21,500 therefrom. Carmody…
1Opinion of the CourtJustice Eakin
1. Defendant first questions the authority of the-Circuit Court to -try the claim of Branch against the-*611McCormick estate; also the validity of the act of the legislature which attempts to transfer all probate business and jurisdiction of the County Court in Multnomah County to the Circuit Court. This is in violation of Article IV, Section 23, subdivision 3, of the Constitution, in that it is local and special in attempting to regulate the practice pf -the courts of justice in Multnomah County, without any change in the practice in the County Court as it relates to probate work, leaving…
2Cases cited5 opinions
- Wilkes v. CorneliusOregon Supreme Court · 1891
- Wilkes v. CorneliusOregon Supreme Court · 1890
- Pruitt v. MuldrickOregon Supreme Court · 1901
- Johnston v. ShofnerOregon Supreme Court · 1892
- Chambers v. ChambersOregon Supreme Court · 1900
3Cited by22 opinions
- Collingsworth County v. AllredTexas Supreme Court · 1931
- In Re Stout's EstateOregon Supreme Court · 1935
- Carey v. Lincoln Loan Co.Court of Appeals of Oregon · 2005
- Leonard v. EkwallOregon Supreme Court · 1928
- Argonaut Insurance v. Ketchen, Fireman's Fund InsuranceOregon Supreme Court · 1966
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